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CGB Seeks Comment On Termination of Certain Proceedings as Dormant

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Released: June 30, 2014
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PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

Washington, D.C. 20554

DA 14-897

Released: June 30, 2014

CONSUMER & GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON

TERMINATION OF CERTAIN PROCEEDINGS AS DORMANT

CG Docket No. 14-97

Comment Date:

(30 days after date of publication in the Federal Register).

Reply Comment Date:

(45 days after date of publication in the Federal Register).

By this Public Notice, the Consumer & Governmental Affairs Bureau (“CGB”) seeks comment

on whether certain docketed Commission proceedings should be terminated as dormant (Attachment

A).

By Report and Order released on February 4, 2011,1 the Commission revised portions of its Part 1

practice and procedural rules and its Part 0 organizational rules to increase the efficiency of Commission

decision-making, modernize the agency’s processes in the digital age and enhance the openness and

transparency of Commission proceedings for practitioners and the public.2 The revised rules delegate

authority to the Chief, CGB to periodically review all open dockets and, in consultation with the

responsible Bureaus or Offices, to identify those dockets that appear to be candidates for termination.3

The Commission stated that these candidates may include dockets in which no further action is required or

contemplated as well as those in which no pleadings or other documents have been filed for several years,

4

but it specified that proceedings in which petitions addressing the merits are pending should not be

terminated, absent the parties’ consent.5 The termination of a dormant proceeding also includes dismissal

as moot of any pending petition, motion, or other request for relief that is procedural in nature or otherwise

does not address the merits of the proceeding.6 Following these procedures, by Order released on

November 1, 2011, CGB terminated, as dormant, 999 docketed proceedings.7

1Amendment of Certain of the Commission’s Part 1 Rules of Practice and Procedure and Part 0 Rules of Commission

Organization, Report and Order, 26 FCC Rcd 1594 (2011) (Procedure Order).

2 Id. at 1594-95, para. 1.

3 Id. at 1604, para. 23.

4 Id.

This Public Notice addresses open proceedings in which no action has been taken or pleading filed since December

31, 2008, or in which no further action is required or contemplated. The record in a terminated docket remains part of

the Commission’s official records, and the various pleadings, orders, and other documents in that docket will continue to

be accessible to the public, post-termination.

5

Id.

6 Id. at 1604, para. 24.

7 Termination of Certain Proceedings as Dormant, Order, 26 FCC Rcd 15312 (CGB 2011) (“First Dormant Proceedings

Termination Order).

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In the Procedure Order, the Commission directed that a public notice, identifying dockets under

consideration for termination and affording interested parties an opportunity to comment, should be issued

before terminating a proceeding. On February 15, 2012, CGB released the Dormant Proceedings

Termination Public Notice,8 listing open dockets under consideration for termination. On September 27,

2012, CGB released an Order in which it terminated as dormant the proceedings listed on the Attachment

thereto.9 Termination of the proceedings in the Second Dormant Proceedings Termination Order

furthered the Commission’s organizational goals of increasing the efficiency of its decision-making,

modernizing the agency’s processes in the digital age, and enhancing the openness and transparency of

Commission proceedings for practitioners and the public. Upon publication of that Order in the Federal

Register, the proceedings were terminated in the Electronic Comment Filing System (ECFS). The records

in terminated proceedings remain part of the Commission’s official records, and the various pleadings,

orders, and other documents in these dockets continue to be accessible to the public, post-termination.

CGB, in coordination with the responsible Bureaus and Offices has once again identified dockets

for possible termination.10 By this third Dormant Proceedings Termination Public Notice, CGB hereby

seeks comment from interested parties on the possible termination of the proceedings listed in Attachment

A. To the extent that a particular proceeding includes a petition addressing the merits or other pending

pleadings, a party’s failure to file comments in response to this Public Notice will be construed as consent

to termination of that proceeding. A party aggrieved by a docket termination may file a petition for

reconsideration with CGB or an application for review with the full Commission.11

Procedural Matters

Comments and Reply Comments. Pursuant to sections 1.415 and 1.419 of the Commission’s

rules,12 interested parties may file comments and reply comments on or before the dates indicated on the

first page of this document.

Comments may be filed using: (1) the Commission’s Electronic Comment

Filing System (ECFS); or (2) by filing paper copies.

All filings should reference the docket number of

this proceeding, CG Docket No. 14-97.

Electronic Filers: Comments may be filed electronically using the Internet by accessing the

ECFS: http://fjallfoss.fcc.gov/ecfs2/.

Filers should follow the instructions provided on the

website for submitting comments. In completing the transmittal screen, ECFS filers should

include their full name, U.S. Postal Service mailing address, and CG Docket No. 14-97.

Paper Filers:

Parties who choose to file by paper must file an original and one copy

of each filing. Filings can be sent by hand or messenger delivery, by commercial

overnight courier, or by first class or overnight U.S. Postal Service mail.

All filings

must be addressed to the Commission’s Secretary, Office of the Secretary, Federal

Communications Commission.

All hand-delivered or messenger-delivered paper filings for the Commission’s

Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-

A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All

hand deliveries must be held together with rubber bands or fasteners.

Any

envelopes or boxes must be disposed of before entering the building.

8 Consumer & Governmental Affairs Bureau Seeks Comment on Termination of Certain Proceedings as Dormant, 27

FCC Rcd 1613 (CGB 2012) (“Second Dormant Proceedings Termination Public Notice”).

9 Termination of Certain Proceedings as Dormant, Order, 27 FCC Rcd 11284 (CGB 2012) (“Second Dormant

Proceedings Termination Order”).

10 The list of proceedings is sorted by responsible Bureau or Office and Proceeding Number.

11See Procedure Order, 26 FCC Rcd at 1604, para. 24, n.76.

12 47 C.F.R. §§ 1.415, 1.419.

2

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Commercial overnight mail (other than U.S. Postal Service Express Mail and

Priority

Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD

20743.

U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445

th

12

Street, SW, Washington DC 20554.

Accessibility Information.

To request materials in accessible formats for people with disabilities

(Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the

Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

The comments and reply comments filed in response to this Public Notice will be available via

ECFS at: http://fjallfoss.fcc.gov/ecfs2/; you may search by the docket number (CG Docket No. 14-97).

Comments are also available for public inspection and copying during business hours in the FCC

Reference Information Center, Portals II, 445 12th Street S.W., Room CY-A257, Washington, D.C.

20554. Copies may also be purchased from Best Copy and Printing, Inc., telephone (800) 378-3160,

facsimile (202) 488-5563, e-mail FCC@BCPIWEB.com.

Ex Parte Rules.

This proceeding shall be treated as a “permit-but-disclose” proceeding in

accordance with the Commission’s ex parte rules.13 Persons making ex parte presentations must file a

copy of any written presentation or a memorandum summarizing any oral presentation within two

business days after the presentation (unless a different deadline applicable to the Sunshine period applies).

Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation

must: (1) list all persons attending or otherwise participating in the meeting at which the ex parte

presentation was made; and (2) summarize all data presented and arguments made during the

presentation. If the presentation consisted in whole or in part of the presentation of data or arguments

already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the

presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or

other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be

found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission

staff during ex parte meetings are deemed to be written ex parte presentations and must be filed

consistent with section 1.1206(b) of the Commission’s rules. In proceedings governed by section 1.49(f)

of the rules or for which the Commission has made available a method of electronic filing, written ex

parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto,

must be filed through the electronic comment filing system available for that proceeding, and must be

filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).

Participants in this proceeding should

familiarize themselves with the Commission’s ex parte rules.

Additional Information. For further information, contact Gayle Radley Teicher of the Consumer

& Governmental Affairs Bureau, at (202) 418-1515, Gayle.Teicher@fcc.gov.

By the Acting Chief, Consumer & Governmental Affairs Bureau

– FCC –

13 See 47 C.F.R. §§ 1.1200 et seq.

3

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